Water ingress and body corporate obligations
Tim Bates of Auckland law firm Legal Vision discusses a case involving a body corporate: S Y Brooker v Body Corporate No 154558
In 1993...
Weathertight Homes Resolution Services Amendment Bill under the microscope
What remedies may be claimed?
The Bill has a specifi c section 7A aimed at setting out the remedies that may be claimed. This...
Fines imposed under the Building Act 1991 — a recent High Court decision
This recent decision concerns a prosecution brought by the Manukau City Council against an individual developer. Mr R faced two charges...
Leaky building claims and limitation periods
This is a recent case reviewing a decision of a Weathertight Homes Resolution Service adjudicator. Mr Dustin was an architectural designer who undertook design...
New CCA case further vindicates Act
Marsden Villas Ltd v Wooding Construction Ltd is an interesting case under the Act because it considers in depth whether the construction company, Wooding...
Accord and Satisfaction
This is an Australian Court of Appeal decision whereby the issue of Accord and Satisfaction (settlement) was considered. The builder performed residential building work...
Two more cases on the Construction Contracts Act
This was an appeal from a District Court decision declining summary judgment on a payment claim. West City was a construction company and Mr...
Salem Ltd v Top End Homes Ltd — Court of Appeal endorses the CCA
This case concerns the Construction Contracts Act 2002 and was argued in the Court of Appeal.
Top End was a building company that undertook the...
Can a claim be brought against the BIA?
One party that many commentators have said ought to bear some responsibility for the leaky building problem is the former Building Industry Authority (BIA)....
Volcanic eruption in High Court
The High Court in Volcanic Investments Limited1 v Dempsey & Wood Civil Contractors Ltd has signalled a departure from the conservative approach of the...